Raja, v. S.Mekala,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.BASKARAN CMP(MD) No.11149 of 2017 IN CMSA(MD) No.SR50192 of 2015 RAJA, ... PETITIONER/APPELLANT Vs 1 S.MEKALA, 2 S.SURESH, ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 730 days in representing the above Civil Miscellaneous Second Appeal in CMSA.SR.No.50192 of 2015 of the file of this Honourable Court.

PRAYER IN CMSA(MD) No.SR50192 of 2015 :

To prefer this Civil Miscellaneous Second Appeal against the fair and decreetal order passed in C.M.A.No.5 of 2014 on the file of the Principal District Judge, karur dated 08.07.2015 reversing the fair and decreetal order passed in H.M.O.P.No.172/2011 on the file of the Additional Sub Judge, Karur, dated 02.09.2013. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.J.CHAKKARAVARTHY, Advocate for the petitioner the court made the following order:- The petitioner has come forward with this petition seeking to condone the delay of 730 days in representing the Second Appeal which was filed in time.

2.The petitioner herein filed the second appeal against the Judgment and Decree passed in C.M.A.No.5 of 2014 dated 08.07.2015 on the file of the Principal District Judge, Karur reversing the Judgment and Decree passed in H.M.O.P.No.172 of 2011 dated 02.09.2013 on the file of the Additional Subordinate Court, Karur. The second appeal has been filed on 18.11.2015 and the same was returned by the Registry for rectification of certain defects on 20.11.2015. When the petitioner's counsel shifted his office to upstairs, his clerk has wrongly mingled the return papers with another bundle. Thereafter, the return bundle was traced out only on 28.11.2017 after much efforts and at once the same was represented on 29.11.2017. Due to that, there was a delay of 730 days in https://hcservices.ecourts.gov.in/hcservices/

representing the C.M.S.A.(MD).SR.No.50192 of 2015. Hence, the petitioner seeks to condone the said delay.

3.Heard the learned counsel appearing for the petitioner. 4.Considering the reasons stated by the petitioner and the fact that the appeal has been filed in time and the delay has occurred only in representation and that too because of the Advocate clerk has wrongly mingled the return papers with another bundle, this court is inclined to entertain this petition on condition. 5.In the result, this petition is allowed on condition that the petitioner shall pay a cost of Rs.650/-(Rupees Six Hundred and Fifty only) to the credit of the High Court Legal Service Committee on or before 18.12.2017, failing which, this petition shall stand automatically dismissed, without further reference to this Court. sd/- 08/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, KARUR 2 THE ADDITIONAL SUBORADINATE JUDGE, KARUR, COPY TO : THE AUTHORISED OFFICER, LEGAL SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

MSA GJM/RR/SAR-4-14.12.2017-2P-4C

ORDER

IN CMP(MD) No.11149 of 2017 IN CMSA(MD) No.SR50192 of 2015 Date :08/12/2017 https://hcservices.ecourts.gov.in/hcservices/